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Home My WebLink AboutPB-10/22/2012PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PUBLIC MEETING MINUTES Monday, October 22, 2012 6:00 p.m. Present were: Donald J. Wilcenski, Chairperson William J. Cremers, Member Kenneth L. Edwards, Member James H. Rich III, Member Heather Lanza, Planning Director Mark Terry, Principal Planner Brian Cummings, Planner Alyxandra Sabatino, Planner Carol Kalin, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Don Wilcenski: Good evening ladies and gentlemen and welcome to the October 22, 2012 regularly-scheduled Southold Town Planning Board's Public Meeting. Our first order of business is to set Monday, November 19, 2012 at 4:30 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regularly-scheduled Planning Board Meeting. William Cremers: So moved. James Rich: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor?. Ayes. Don Wilcenski: Motion carries. Southold Town Planninq Board Pa.qe Two October 22, 2012 PUBLIC HEARINGS 6:00 p.m. - Terry Farm - This site plan is for the proposed construction of a 4,320 sq. ft. agricultural storage building in a 2.6-acre building envelope on a 32-acre agricultural parcel in the R-80 Zoning District. The property is located at 32210 Route 25, _+590' west of Windward Road and NYS Route 25, Orient. SCTM#1000-19-1-8.8 Donald Wilcenski: At this time, I'd like to ask anyone from the audience if they would like to address the Planning Board at this public hearing on the Terry Farm agricultural building. Bill Kelly, agent for the owner: If there are any questions, I'm here. Mr. Terry is here as well. Donald Wilcenski: Do any of the Planning Board members or the staff have any questions for Mr. Kelly or Mr. Terry? Thank you, Bill. Thank you, Mr. Terry. Hearing none ........ William Cremers: I make a motion to close the hearing. Kenneth Edwards: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. Thank you. Southold Town Planninq Board Page Three October 22, 2012 SET HEARINGS Maaratooka North, LLC - This proposed Open Development Area (ODA) will create a development area of 4.5 acres in a 22.5-acre parcel with the future potential to be subdivided into a maximum of three residential lots and one 18-acre protected farmland parcel in the AC Zoning District. The property is located at 17405 NYS Route 25, Mattituck. SCTM#1000-115-2-6 Kenneth Edwards: Mr. Chairman, I will offer the following resolution: WHEREAS, this proposed Open Development Area (ODA) will create a development area of 4.5 acres in a 22.5-acre parcel with the future potential to be subdivided into a maximum of 3 residential lots and one 18-acre protected farmland parcel in the AC Zoning District; be it therefore RESOLVED, that the Southold Town Planning Board sets Monday, November 19, 2012 at 4:30 p.m. for a public hearing on the Sketch Plan for this ODA regarding the plat entitled "Survey of Property situate Mattituck, Town of Southold" dated June 20, 2012 prepared by Nathan Taft Corwin, III, Land Surveyor. William Cremers: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. Southold Town Planning Board Pa.qe Four October 22, 2012 Surrey Lane, LLC - This site plan is for the proposed construction of a 90'x42' (3,780 sq. ft.) agricultural equipment storage building on a Suffolk County Development Rights property of 43.7 acres in the A-C Zoning District. SCTM#1000-69-5-18.6 James Rich: Mr. Chairman, I offer the following resolution: WHEREAS, on October 2, 2012, the owner submitted an application for site plan review; and WHEREAS, this site plan is for the proposed construction of a 90'x42' (3,780 sq. ft.) agricultural equipment storage building on a Suffolk County Development Rights property of 43.7 acres in the A-C Zoning District, Southold; be it therefore RESOLVED, that the Southold Town Planning Board sets Monday, November 19, 2012 at 4:32 p.m. for a public hearing regarding the site plan for Surrey Lane, LLC (David Shanks)dated September 18, 2012 prepared by Jeffrey T. Butler, P.E. Kenneth Edwards: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. SUBDIVISIONS - FINAL DETERMINATIONS Verity, David - This proposal is for a Standard Subdivision of a 1.32-acre parcel into two lots where Lot I equals 0.60 acres and Lot 2 equals 0.71 acres, located in the R-40 Zoning District. The property is located at 865 Nokomis Road, on the north corner of the intersection of Nokomis Road and Hiawatha's Path in Southold. SCTM#1000-78-3-26 WHEREAS, this proposal is a Standard Subdivision of a 1.32 acre parcel into two lots where Lot 1= 0.60 acres (26,340 sq. ft.) and Lot 2 = 0.71 acres (31,057 sq. ft.) in the R- 40 Zoning District; and Southold Town Planning Board Page Five October 22, 2012 James Rich: Mr. Chairman, I will offer the following resolution: WHEREAS, on June 2,2011, the Zoning Board of Appeals granted variances for minimum lot size and side yard set backs; and WHEREAS, on July 6, 2012, the Town of Southold Local Waterfront Revitalization Program (LWRP) Coordinator reviewed this application and has recommended the proposed project be found consistent with the policies of the Southold Town LWRP; and WHEREAS, on July 9, 2012, the Southold Town Planning Board granted Preliminary Plat Approval upon the map prepared by Peconic Surveyors, P.C., entitled "Preliminary Plat Standard Subdivision for David Verity at Laughing Waters, Town of Southold, Suffolk County, NY" dated September 23, 2011 and last revised April 9, 2012; and WHEREAS, on August 21, 2012, the agent submitted a Final Plat Application with the application fee; and WHEREAS, on September 7, 2012, a referral was sent to the Southold Fire District; and WHEREAS, on September 12, 2012, the agent submitted two prints of the Final Plat and requested that the Board waive a second public hearing on the basis that there were no changes to the plat; and WHEREAS, on September 12, 2012, the Southold Fire District reviewed the application and found that there is adequate fire protection for the property; and WHEREAS, on October 1, 2012, the Planning Board, at their Work Session, reviewed referral responses from the Southold Fire District, the LWRP Coordinator, and the Office of the Town Engineer. The Board also agreed to waive the public hearing, pursuant to Section 240-57 of the Southold Town Code, and defer the Park and Playground Fee and the Administration Fee due to the financial constraints of the applicant; and WHEREAS, on October 4, 2012, the attorney sent a letter requesting a deferral of the Park and Playground Fee and the Administration Fee; and WHEREAS, on October 4, 2012, the applicant submitted revised draft Covenants and Restrictions; and Southold Town Planning Board Pa.qe Six October 22, 2012 WHEREAS, on October 9, 2012, the Southold Town Board, at their regular meeting, approved the deferral of the Park and Playground and Administrative Fees subject to the Planning Board's approval and the condition that the subdivision will be null and void if the fees are not paid immediately upon the sale of the subject premises; and WHEREAS, on October 9, 2012, the agent submitted 10 copies of the Health Department approved Final Plat; and WHEREAS, on October 11, 2012, the revised draft Covenants and Restrictions were sent to the Planning Board for review and approval; and WHEREAS, the Planning Board approved the revised draft Covenants and Restrictions; and WHEREAS, on October 11,2012, the Southold Town Board, at their Work Session, agreed to waive the street tree requirement because both lots are improved and landscaped. The Board also agreed to waive the street light requirements to preserve the night sky in the area; be it therefore RESOLVED, that the Southold Town Planning Board hereby agrees to waive the street tree requirement pursuant to §161-44. Street Trees. and agrees to waive the street lighting requirements §161-46. Lighting, as described above; William Cremers: Second the motion. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. James Rich: and be it further RESOLVED, that the Southold Town Planning Board approves the deferral of the Park and Playground Fee in the amount of $7,000.00 and the Administrative Fee in the amount of $2,000.00 subject to the condition that the subdivision will be null and void if the fees are not paid within seven (7) days of the sale of the subject premises; Kenneth Edwards: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Southold Town Planninq Board PaRe Seven October 22, 2012 James Rich: and be it further RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold LWRP; William Cremers: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. James Rich: and be it further RESOLVED, that the Southold Town Planning Board herby grants Final Plat Approval upon the map prepared by Peconic Surveyors, P.C. entitled "Final Plat Standard Subdivision for David Verity at Laughing Waters, Town of Southold, Suffolk County, NY" dated September 10, 2012 and authorizes the Chairman to endorse the map. William Cremers: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. APPROVAL EXTENSIONS N & L Properties, LP - This site plan is for the construction of an 8,635 sq. ft. building for the purposes of a private wine-making facility on a 31.07-acre parcel in the A-C & R-80 Zoning Districts. The property is located at 8850 Bridge Lane, on the north side of Bridge Lane, at the intersection of Oregon Road in Cutchogue. SCTM#1000-73-2-4 William Cremers: WHEREAS, this site plan is for the construction of an 8,635 sq. ft. building for the purposes of a private wine-making facility on a 31.07-acre parcel in the A-C & R-80 Zoning Districts, Cutchogue. SCTM#1000-73-2-4; and Southold Town Planninq Board Page Eight October 22, 2012 WHEREAS, on September 14, 2009, the Southold Town Planning Board approved the site plan referenced above and the approval expired on September 13, 2012; and WHEREAS, in a letter dated September 5, 2011, the agent, Kirk Lehman, requested an Extension of Site Plan Approval due to "economic conditions beyond the owners control"; be it therefore RESOLVED, that the Southold Town Planning Board grants an Extension of Site Plan Approval from September 14, 2012 to September 13, 2013 on the site plan prepared by A+M+L Architecture dated May 11, 2009 and last revised September 14, 2009. Kenneth Edwards: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. SITE PLAN DETERMINATIONS Peconic Land Trust, Inc. Greenhouses - This proposed site plan is for two 16'x24' (384 sq. ff.) greenhouses for agricultural use on a 21-acre (Town Dev. Rights) parcel in the R-80 Zoning District, Youngs Avenue, Southold. The property is located at 3005 Youngs Avenue, _+1/4 mile south of Middle Road, Southold. SCTM#1000-63-1-25.3 James Rich: Mr. Chairman, I will offer the following: WHEREAS, this proposed site plan is for two 16' x 24' (384 sq. ft.) greenhouses for agricultural use on a 21 acre (Town Dev. Rights) parcel in the R-80 Zoning District, Youngs Avenue, Southold; and WHEREAS, the applicant submitted an application for site plan review on May 15, 2012; and WHEREAS, on May 21, 2012, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and Southold Town Plannin.q Board Pa.qe Nine October 22, 2012 WHEREAS, the Southold Town Planning Board pursuant to State Environmental Quality Review (SEQR) (6 NYCRR, Part 617.5 (c) (3) has determined that the proposed action is a Type II Action as it falls within the following description for 6 NYCRR, Part 617.5(c) (3) "agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with generally accepted principles of farming" and, therefore, not subject to SEQRA review; and WHEREAS, on May 29, 2012, the Southold Town Fire Inspector reviewed and determined that there was adequate fire protection and emergency access for the site; and WHEREAS, on June 27, 2012, the Southold Fire District determined there was adequate fire protection and emergency access for the site; and WHEREAS, on July 9, 2012, a public hearing was held and kept open due to concerns raised by the public; and WHEREAS, on July 31, 2012, the Southold Town Engineer reviewed the above- referenced application and has determined that the proposed drainage meets the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on August 13, 2012, the Planning Board closed the public hearing after the applicant addressed the concerns raised by the public to the Board's satisfaction; and WHEREAS, on September 21, 2012, the Town of Southold LWRP Coordinator reviewed the above-referenced project and has determined the proposed project to be consistent with Southold Town LWRP policies; and WHEREAS, the Southold Town Planning Board, pursuant to §280-133 C of the Southold Town Code, has the discretion to waive any or all of the requirements in §280- 133 for those applications involving uses strictly related to agriculture as long as they are not necessary to further the objectives set forth in Town Code §280-129 to maintain public health, safety, and welfare. The Planning Board has found that this application is eligible for a waiver of certain elements of the site plan requirements because it is an agricultural use; and Southold Town Planning Board Page Ten October 22, 2012 WHEREAS, the Southold Town Planning Board, pursuant to Southold Town Code §280-131 B (5), has the discretion to vary or waive the parking requirements for Site Plan Applications where doing so would not have a detrimental effect on the public health, safety or general welfare, and will not have the effect of nullifying the intent and provision of the Site Plan Requirements chapter of the Town Code. The Planning Board has found that this application is eligible for a waiver of parking requirements because there is no need to provide for parking - the application is for an agricultural use and par~ of an active farm operation and the parcel is large in size relative to the proposed structure (0.04% lot coverage); and WHEREAS, on October 1, 2012, the Southold Town Planning Board determined that all applicable requirements of the Site Plan Regulations, Article XXIV, §280 - Site Plan Approval of the Town of Southold have been met; and WHEREAS, on October 16, 2012, the Southold Town Chief Building Inspector reviewed and certified the proposed site plan as a permitted use in the R-80 Zoning District; be it therefore RESOLVED, that the Southold Town Planning Board hereby waives the parking requirements as noted above; William Cremers: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. James Rich: and be it further RESOLVED, that the Southold Town Planning Board hereby waives certain elements of the Site Plan Requirements as noted above; William Cremers: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. James Rich: and be it further RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; Southold Town Planninq Board Pa.qe Eleven October 22, 2012 William Cremers: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. James Rich: and be it further RESOLVED, that the Southold Town Planning Board grants Approval to the site plan entitled "Agricultural Center" prepared by Dawn Liubenov on May 14, 2012 last revised August 20, 2012, and authorizes the Chairman to endorse the site plan. Kenneth Edwards: Second the motion. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Platinum East Properties~ LLC - This site plan is for the proposed construction of a 2,880 sq. ft. electrical contractor office/warehouse on 0.9 acres in the General Business (B) Zoning District. The property is located at 48205 Route 25, -+956.85' west of Ackerly Pond Lane, Southold. SCTM#1000-69-6-3 Kenneth Edwards: Mr. Chairman, I will offer the following resolution: WHEREAS, this site plan is for the proposed construction of a 2,880 sq. ft. electrical contractor office/warehouse on 0.9 acres in the General Business (B) Zoning District, Southold; and WHEREAS, the applicant submitted an application for site plan review on May 2, 2012; and WHEREAS, at a Work Session held on May 21,2012, the Planning Board accepted the application for review; and Southold Town Planning Board Pa.qe Twelve October 22, 2012 WHEREAS, on May 31,2012, the Southold Town Architectural Review Committee reviewed and determined that the proposed was acceptable with minor alterations suggested; and WHEREAS, on June 13, 2012, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, on June 21, 2012, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiated the SEQR lead agency coordination process for this Unlisted Action; and WHEREAS, on June 27, 2012, the Southold Fire District determined there was adequate fire protection and emergency access for the site; and WHEREAS, on July 11, 2012, the Southold Town Engineer reviewed the above- referenced application and has determined the project to provide adequate drainage and the proposed drainage meets the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on July 20, 2012, the Town of Southold LWRP Coordinator reviewed the above-referenced project and has recommended that the proposed project be found consistent with Southold Town LWRP policies; and WHEREAS, on August 13, 2012, a public hearing was held and closed by the Planning Board for the above-referenced site plan; and WHEREAS, on August 13, 2012, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, performed a coordinated review of this Unlisted Action and, as lead agency, made a determination of non-significance and granted a Negative Declaration; and WHEREAS, on October 3, 2012, the Southold Town Chief Building Inspector reviewed and certified the proposed site plan as a permitted use in the General Business (B) Zoning District; and WHEREAS, at a Work Session held on October 22, 2012, the Planning Board found that all applicable requirements of the Site Plan Regulations Article XXlV, §280 - Site Plan Approval of the Town of Southold have been met; be it therefore Southold Town Planninq Board Pa,qe Thirteen October 221 2012 RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; William Cremers: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. (Recused: James Rich) Don Wilcenski: Motion carries. Kenneth Edwards: and be it further RESOLVED, that the Southold Town Planning Board grants Approval to the site plan entitled "Platinum Electric" prepared by Jeffrey T. Butler on March 5, 2012 last revised October 12, 2012, and authorizes the Chairman to endorse the site plan. William Cremers: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. (Recused: James Rich) Don Wilcenski: Motion carries. STATE ENVIRONMENTAL QUALITY REVIEW ACT Mill Creek Inn & Marina - This site plan is for the proposed improvement and renovation to an existing 50-slip marina & 8,989 sq. ft. restaurant with new marina/dock master building, parking areas and site drainage on a 3.27-acre parcel, and a proposed boat yard and 71 parking stalls on a 4.74-acre adjacent parcel (56.-7-4.1) in the M-II Zoning District. The property is located at 64300 NYS Route 25, 424' west of Dolphin Drive in Greenport. SCTM#1000-56-7-2 William Cremers: WHEREAS, this site plan is for the proposed improvement and renovation to an existing 50 slip marina & 8,989 sq. ft. restaurant with new marina/dock master building, parking areas and site drainage on a 3.27 acre parcel and a proposed boat yard and 71 parking stalls on a 4.74 acre adjacent parcel (56.-7-4.1) in the M-II Zoning District, Greenport; and Southold Town Planninq Board Pa,qe Fourteen October 22, 2012 WHEREAS, the applicant submitted an application for site plan review on March 6, 2012; and WHEREAS, at a Work Session held on April 9, 2012, the Planning Board accepted the application for review; and WHEREAS, on September 20, 2012, the Southold Town Planning Board, pursuant to §617.6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiated the SEQR lead agency coordination process for this Unlisted Action; be it therefore RESOLVED, that the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act §617.6, establishes itself as lead agency for this Unlisted Action. Kenneth Edwards: Second the motion. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. APPROVAL OF PLANNING BOARD MINUTES Don Wilcenski: At this time I need a motion to approve the Board minutes of September 17, 2012. Jim Rich: I make a motion. Kenneth Edwards: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Southold Town Planning Board Pa.qe Fifteen October 22, 2012 Donald Wilcenski: I need a motion for adjournment. Kenneth Edwards: So moved. William Cremers: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Have a good evening. There being no further business to come before the meeting, it was ADJOURNED at 6:13 p.m. Respectfully submitted, Linda Randolph, Transcribing Secretary Donald J. Wilcenski, Chair RECEIVED NOV 2 0 2012 Southold Town Clerk